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HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
MySpace Suicide Case: Sad Story, Not A Crime
by Wendy Davis, Tuesday, November 11, 2008, 4:45 PM

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The judge in the MySpace suicide case said this week that he might not let the prosecution tell the jury that 13-year-old Megan Meier killed herself, allegedly as a result of online harassment.

If so, that would be the one sensible decision to date in this case -- a case that should never have been brought, let alone gotten this far in court.

There's no question that the facts are tragic. Megan Meier, a teen with a history of depression, hanged herself after receiving cruel messages on her MySpace account. Those messages came from an account that Lori Drew allegedly helped create to keep tabs on Megan, who at one time had been friends with Drew's daughter.

Drew allegedly helped create a fake profile of a boy, "Josh," who sent flirtatious, then hurtful, messages to Megan. Drew herself didn't send the final message -- a statement that the world would be a better place without Megan. That email came from 19-year-old Ashley Grills, the former babysitter for Drew's daughter. It's not clear whether any of the other, earlier messages were sent by Drew.

Confronted with these facts, prosecutors in Missouri decided that no crime had been committed and declined to bring charges against Drew.

Nonetheless, federal prosecutors in Los Angeles decided to seek an indictment against Drew -- but for computer fraud. Their theory is that she committed fraud by signing up for MySpace under a fake name.

The problem with that charge is that using a pseudonym isn't fraudulent. If anything, there's a long history in the U.S. protecting people's right to speak both anonymously and under fake names. And if signing up for social networking sites under a fake name is computer fraud, then many, many Web users are now at risk of prosecution.

Regardless, if the fraud charge here is based on Drew's actions at the time she allegedly created the account, then what happened later is irrelevant.

Some reports have suggested that the prosecution will be forced to withdraw its case if it can't tell the jury about the suicide. If so, that would be the right outcome to this entire sad situation.

1 person recommends this article. 

11 comments on "MySpace Suicide Case: Sad Story, Not A Crime"

  1. Kathy Shrum from Dundee Twp. Public Library
    commented on: November 14, 2008 at 6:15 PM
    This is manslaughter but the weapon of choice is a computer. She needs to be punished for this cold cruel act.

  2. Katie Letts from AdMarketplace
    commented on: November 12, 2008 at 6:18 PM
    You are, however, responsible for your own actions, and harassing a young girl while impersonating a minor repeatedly and with malicious intent falls in the category of actions one needs to take responsibility for. That might not include a murder charge, but it sure as hell should include some sort of disciplinary action. This is a case of common sense - it's as if the red tape is getting in the way of legal authorities seeing this case for what it is; a crime against a child by an adult with a sick motive.

  3. Roger Harris from Capstrat
    commented on: November 12, 2008 at 8:26 AM
    @Chuck

    The problem with your analogy is that the car killed the person, not you, although you were responsible. You are responsible for the actions of the car.

    In this case, you cannot say that Drew is "responsible" for the victim's action of killing herself, although Drew clearly catalyzed the event, and hence was morally culpable.

  4. David Thurman from Hult Fritz Matuszak
    commented on: November 12, 2008 at 7:26 AM
    Are you related to this Drew person Wendy? This women presented herself falsely to MySpace, the teenager and then encouraged others to do the same, then the lack of remorse tells even more. The problem here, is that no one in society feels they should be held responsible for actions the they take and the outcome that results.

    Nice to know bullies are kicking in Missouri, and backed by others. As for the judge, again a prime example of letting a person slide for an outcome that resulted from the careless actions of an adult. The girl was depressed? She was suicidal? Even more reason to hold a match to the sticks at her feet.

    If this would have been a male, that was doing this, and the girl died, I can just imagine the outrage.

  5. Chuck Lantz from 2007ac.com network
    commented on: November 11, 2008 at 11:30 PM
    I think the author's conclusion is incorrect. Here's a hypothetical: If I leave my car parked on a hill, and knowingly leave the parking brake off, and the car rolls down the hill and kills someone, I am liable because there was a reasonably knowable result to my action. The fact that the woman obviously knew that the girl would react to the fake "secret admirer" (otherwise, why do it in the first place?), is strong evidence against her.

  6. Frank Zappala from Zappala Consulting Network
    commented on: November 11, 2008 at 8:10 PM
    The real crime is that we are bending over backwards to protect an ADULT who encouraged, countenanced, and initiated a series of actions, even though carried out by others, that lead to the premature death of a child. Uh by the way, posing as a minor on the web, to interact with a juvenile that would endager or corrupt that minor certainly is illegal. The problem is that the prosecutors are lost in trying to deal with this in the perspective the web invironment, anonimity can not be defended if it is used to mask activities that are intended to harm.

  7. cary herrman from ocean bridge group
    commented on: November 11, 2008 at 7:05 PM
    Wendy, This is a very sad case. I applaud your article yet have to disagree with the position you've chosen to take. Many of our laws have yet to catch up with the digital age, yet I'm shocked that LA prosecutors can only attempt to use "computer fraud" as an indictment. An adult harassing a minor clearly goes beyond computer fraud. Megan's mental and emotional condition were not healthy to begin with, and the calculated actions of an adult sent her over the edge. Drew used the social network as a tool to harm another person, although Megan killing herself may not have been her intent, it is clearly what happened and there needs to be a form of accountability. Perhaps it is something as basic as anger management counseling that Drew undergoes. Her actions were not healthy nor were they in the best interest of another human. They were filled with malice and hatred. Drew allowed her negative thoughts to become hurtful words that became malicious actions. It can truly be said that with the right situation, the pen (or keyboard) is mightier than the sword. Cary Herrman, Ocean Bridge Group

  8. Terri Kennedy from capital T marketing
    commented on: November 11, 2008 at 6:34 PM
    Kids wouldn't get away with behavior such as this in their schools. It would be termed bullying and we as parents are consistently telling our children to look out for it and are responsible to help them arbitrate that behavior in school when it's beyond their control. Here we have a case of an adult - acting in such poor taste, belittling, and worse than a child. It may not be against the law, but it is criminal. Whether it was primary to the teens death or contributory, it was certainly a factor and would be in any feeling humans. Shame on you for absolving the woman who hid behind deceit to carry out hurtful intentions.

  9. Brian LoCicero from Kantar Operations
    commented on: November 11, 2008 at 6:22 PM
    Ultimately it's a question of whether the actions are punishable in criminal court or civil court. Although not an attorney, I believe this is a civil matter. No matter how heinous, she's likely not criminally responsible for the death, but responsible for some form of fraud.

    All agreed that Lori Drew is despicable, but most likely NOT criminally liable.

  10. Matt Schwartz from Random House
    commented on: November 11, 2008 at 6:18 PM
    I'm not sure I agree the article here. I can't confirm, but I was under the impression that the woman created a profile claiming to be under 17 -- so not simply a pseudonym, but an adult posing as a minor. (In this article, he's listed as having been 16: http://jonathanturley.org/2008/01/09/grand-jury-reportedly-investigating-crimes-in-the-megan-meier-myspace-suicide-case)

    I think it adds a second level of culpability to have an adult posing as a teen, which allows access into areas and profiles on the web as "teen only" (such as Teen Second Life).

    While the entire incident makes me nauseous, it's the adult posing as a child that I think particularly warrants attention in a criminal manner, especially with a result that ended in a child's death.

  11. Katie Letts from AdMarketplace
    commented on: November 11, 2008 at 6:09 PM
    I'm sorry, but although being charged for the girl's death would perhaps be extreme, I don't think the woman who consistently and maliciously attacked a 13-yr old with hurtful messages (dare I say it?) resulting in that girl's suicide should completely get off the hook. Whether/not the girl was depressed already is irrelevant to what the woman knowingly did; that's sick... you don't tell the guy on the ledge to jump and then act innocent when he does.

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